tonight, breaking news. president biden cleared in the classified documents case, but the special councsel raising questions about the president's memory. no charges, but the special counsel did find the president willfully retained and disclosed sensitive information. the difference, the special counsel says, from the trump case, is that biden handed the documents over. the special counsel saying if biden was charged, he would present himself to a jury as a sympathetic, well-meaning

elderly man with a poor memory. tonight, the president and the white house now responding. also tonight, the high stakes showdown at the supreme court. the justices appearing unlikely to keep donald trump off the ballot. in new york city, the video just in tonight, the police body cam showing the attack on nypd officers in times square. the hunt for the suspects now believed to be asylum seekers who are now missing. the five u.s. marines killed when their chopper crashed. the pentagon pressed tonight on a string of aviation accidents. and was weather a factor with the storm slamming the west? tonight, the two officers shot. the home erupting into flames, and now the horror revealed. multiple family members believed to have been inside that home. tonight, the two american moms on vacation who say they were drugged and sexually assaulted in the bahamas. stopping off at a beach while on a carnival cruise. what they say happened to them. and tonight, news coming in of an arrest. the scare at logan airport in boston. two jetblue planes colliding.

the moose chasing skiers in jackson hole. the alarming images tonight. this evening, the trader joe's recall amid new listeria concerns. remembering the last of the original spinners singing "could it be i'm falling in love?" and the change in the weather now coming. good evening and we begin tonight with the special counsel's report into president biden's handling of classified documents, clearing the president of any charges, but questions the president's memory. special counsel robert hur critical of president biden's actions, saying he willfully retained and disclosed classified information after his vice president si when he was a private citizen. the documents found in the garage, offices, and basement den of his home in delaware. the materials included classified documents concerning military and foreign policy in afghanistan.

also, handwritten moments about national security and foreign policy issues. but the special counsel, once a u.s. attorney, appointed by donald trump, noted what he considers the differences from the trump documents case. saying unlike trump, president biden handed the documents over. but the special counsel did go further on president biden, saying if biden was charged, he would present himself to a jury as a sympathetic, well-meaning elderly man with a poor memory. tonight, the white house is pushing back. our chief justice correspondent pierre thomas leading us off. >> reporter: tonight, the special counsel investigating president biden's mishandling of classified documents determining there was evidence biden willfully retained classified information from his time as vice president, but that he should not be prosecuted for it. in his final report, special counsel robert hur writing, "the evidence does not establish mr. biden's guilt beyond a reasonable doubt." late today, the president claiming vindication. >> bottom line is the special counsel in my case decided

against moving forward any charges. and this matter is now closed. >> reporter: the report concluding biden did hold onto classified material involving military and foreign policy information regarding afghanistan -- some of it top secret. he also kept his own handwritten notebooks with information "implicating sensitive intelligence sources and methods." some of the material biden kept in in his delaware home in file cabinets, and in his garage. including in a "badly damaged box surrounded by household detritus." in oter words -- junk. investigators also found biden shared some of the information with the ghostwriter of his memoir, telling that writer he had "just found all the classified stuff downstairs." prosecutors say they were unable to determine how the boxes "got into the garage, or who put the documents there," the report quickly coming under fire from former president donald trump, who could soon go on trial for mishandling classified documents and obstructing justice.

trump calling the fact that he faces charges while biden won't a case of "selective prosecution." but in his final report, the special counsel noting that unlike trump, biden "turned in classified documents to the national archives and the department of justice, consented to the search of multiple locations including his homes, sat for a voluntary interview." in contrast, hur writes, trump allegedly "not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it." >> special counsel acknowledged i cooperated completely. i did not throw up any roadblocks. i sought no delays. in fact, i was so determined to get special counsel what they needed, i went for the five-hour in-person interview. >> reporter: the special counsel citing those in-person interviews as another reason the president should not face charges, writing that biden "would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning elderly man with a poor memory."

hur writing that in that interview, biden did not remember when his term as vice president either began or ended. and "did not remember, even within several years, when his son beau died." in that interview, the special counsel writing biden's "memory appeared hazy" when discussing the obama administration's afghanistan policies. hur writing, "it would be difficult to convince a jury that they should convict him -- by then a former president well into his 80s -- of a serious felony that requires a mental state of willfulness." so, after interviewing 147 witnesses, including mr. biden himself, and collecting more than 7 million documents, the biden classified documents case is closed. and doj officials are emphatic, saying hur, who was appointed u.s. attorney by trump himself, had complete independence. they say this was his call, david. >> david: pierre thomas leading us off tonight. pierre, thank you. so, no charges, the end of this investigation from a

prosecutorial standpoint for president biden, but perhaps not the end of this politically, amid that criticism of the president's memory. the white house is responding to this tonight. let's get right to mary bruce. and mary, i know they believe this reference to president biden's memory, saying he would present himself as an elderly man, was unnecessary here. >> reporter: they do, david. look, the white house is well aware of voters' concerns about the president's age, and they are pushing back against the special counsel's characterization. biden's legal team in a letter saying, quote, we do not believe that the report's treatment of president biden's memory is accurate or appropriate. the report uses highly prejudice dishl language to describe a common place occurrence among witnesses. a lack of recall of years-old events. such comments have no place in a department of justice report. then adding, in fact, there is ample evidence from your interview that the president did well in answering your questions about years-old events over the course of five hours. bottom line, while this report legally clears the president, politically, david, this could still be damaging.

>> david: mare rip bruce live at the white house tonight. mary, thank you. across town, we move on now to the showdown at the supreme court tonight. donald trump appealing the colorado supreme court ruling finding that under the 14th amendment, trump can be barred from the ballot for his role in the january 6th attack on the u.s. capitol. the justices now at the nation's highest court tonight appearing unlikely to keep trump off the ballot. terry moran at the court. >> reporter: at the supreme court today, sharp skepticism from the justices -- both conservative and liberal -- about a colorado court's decision to ban donald trump from the 2024 presidential ballot for his efforts to overturn the 2020 election, including the january 6th attack on the capitol. the colorado court ruled trump violated the 14th amendment's section three, which declares that no one who has -- "taken an oath to support the constitution" and then "engaged in insurrection" can hold public office afterwards. during three hours of oral arguments today, the justices methodically took apart that ruling.

justice brett kavanagh, trump appointee -- >> what about the idea that we should think about democracy, think about the right of the people to elect candidates of their choice, of letting the people decide. >> reporter: and justice elena kagan, appointed by bill clinton -- >> i think that the question that you have to confront is why a single state should decide who gets to be president of the united states. >> reporter: justice amy coney barrett agreeing. >> it just doesn't seem like a state call. >> reporter: chief justice john roberts warning that if the court upholds colorado, a new weapon could be introduced into the country's polarized political life -- red states going after democrats, blue states after republicans. >> i would expect that, you know, a goodly number of states will say, whoever the democratic candidate is, you're off the ballot, and others, for the republican candidate, you're off the ballot. it will come down to just a handful of states that are going to decide the presidential election. that's a pretty daunting consequence.

>> reporter: but looming over these arguments, the national trauma of the attack on the capitol. even though trump himself describes the day as beautiful, justice kentanji brown jackson got trump's lawyer to acknowledge the reality of what happened. >> but for an insurrection there needs to be an organized, concerted effort to overthrow the government of the united states through violence. and this riot that occurred -- >> so the point is a chaotic effort to overthrow the government is not an insurrection? >> we didn't concede that it's an effort to overthrow the government either, justice jackson. none of these criteria were met. this was a riot. it was not an insurrection. the events were shameful, criminal, violent, all those things. but didn't qualify as an insurrection as that term is used in section three. >> reporter: a decision in this case is expected sooner rather than later. it's a case about the presidential ballot in colorado, and the presidential primary in that state is march 5th. so, we should expect a decision in weeks, not months. david? >> david: terry moran live at the court tonight. terry, thank you. we turn tonight to the five

u.s. marines now confirmed dead, killed when their chopper crashed in california. the pentagon pressed tonight on a string of aviation accidents. and, of course, the other question, was weather a factor with the storming slamming the west? matt gutman is near the scene tonight. >> reporter: tonight, growing questions about why the five marines killed in that helicopter crash took off into treacherous nighttime weather conditions on the way to their base in san diego. >> low clouds, snow, rain, ice, in the mountains, in the middle of the night. this crew should never have been airborne. >> reporter: that ch-53e super stallion -- the military's largest helicopter -- going down in the mountains east of san diego. and you can see recovery teams slipping down the one-lane mud track to the crash site. this area remains nearly impassable, and that's why it's taken a longer time than expected to recover the remains of those five crew members. officials say the chopper vanished from radar late tuesday during what was described as a routine training flight from

creech air force base near las vegas to air station miramar near san diego. >> we are dedicated to ensuring that safety is in all of our programs. >> reporter: david, the marines call this a routine training mission, but this historic storm in which they flew and which continues to impact this area was anything but routine. david? >> david: matt gutman with us again tonight. thank you. in new york city, the video just in tonight, the police body cam showing the attack on nypd officers in times square. now, the hunt for the suspects, believed to be asylum seekers in the u.s., who are now missing. aaron katersky with the video tonight. >> reporter: tonight, newly released body camera video is painting a clearer picture of the times square assault on two nypd officers by what sources say was a crowd of asylum seekers, several of whom are still at large. >> west four one.

go now. >> reporter: officers seen ordering several men they said were blocking the sidewalk in front of a migrant shelter to disperse. >> move, move. >> reporter: yohenry brito, there in yellow, accused of sparking the assault. >> everybody disperses except for mr. brito. he turns around and gets confrontational with the police officers. >> reporter: video shows one officer grabbing brito, pinning him against a building. as the officers try to detain him, they fall to the ground. the officers are then repeatedly kicked and grabbed before the suspects flee. >> i stand here today confident that we have identified the roles of every person who broke the law and participated in this heinous attack. >> reporter: prosecutors now say 11 people were involved in the assault last month. while most have been charged, not all have been identified, and, david, tonight, only one is in custody. david? >> david: aaron katersky on this story again tonight. thank you, aaron. we're learning more this evening about the two officers shot, a home erupting into flames just outside philadelphia, and now, the

horror revealed tonight. multiple family members believed to have been inside at the time. here's trevor ault. >> reporter: tonight, a family feared dead inside that home near philadelphia. officers responding to reports of a child shot, two officers then shot. >> oh, my god. that -- is he -- did that officer get shot? >> reporter: the home set on fire. the mother of the alleged shooter telling our station wpvi she was in the home when she heard her son, 43-year-old cahn le arguing with his 13-year-old niece, saying he was going to get a gun. le's mother then escaping from the home with her husband who called 911. but she said the shooter's brother, sister-in-law, and their three children were still inside. >> there are at least three adults and three children who are unaccounted for. >> reporter: today, detectives removing multiple bodies from the rubble. two injured officers, john meehan and david schiazza, expected to be okay.

late today, officer schiazza released from the hospital. dozens standing in salute. david, it could be some time before officials determine how this fire was set and whether those family members inside were shot. david? >> david: trevor ault tonight. trevor, thank you. now, to the case of two american moms on vacation, who say they were drugged and sexually assaulted in the bahamas after stopping off at a beach while on a carnival cruise. what they say happened to them, and tonight, there is word of an arrest. here's eva pilgrim. >> reporter: tonight, the fbi assisting an investigation in the bahamas after two mothers from kentucky say they were drugged and sexually assaulted at a beach resort. amber shearer and dongayla dobson were on a girls trip -- a carnival cruise -- when they say they went to a beach recommended by the cruise ship, and they ordered cocktails. >> after the first drink, we had to get out of the ocean, because we noticed that it was just hitting so hard. i just felt so out of it. >> reporter: the women say they were drugged, then sexually assaulted by staffers from the

resort. >> when i came to, i was actually being raped, and was freaking out, and i went looking for dongayla, and she was stumbling down the beach. >> reporter: police in the bahamas announcing the arrest of two men. just days before that cruise, the state department issued a travel advisory for the bahamas because of violent crime. the women say they had no idea, and their lawyer argues carnival bears some responsibility. carnival says its team provided support once the two were back on the boat and they are fully 0 cop rating with police. david? >> david: eva, thank you. when we come back here, the scare in boston's logan airport today. two jetblue planes colliding. the new trader joe's and costco recalls tonight. and the moose chasing american skiers, and you'll see it in a moment. insurance plan that's smart now... i'm 65. and really smart later

i'm 70-ish. consider an aarp medicare supplement insurance plan from unitedhealthcare. with this type of plan, you'll know upfront about how much your care costs. which makes planning your financial future easier. so call unitedhealthcare today to learn more about the only plans of their kind with the aarp name. and set yourself and your future self up with an aarp medicare supplement plan from unitedhealthcare. when my doctor gave me breztri for my copd things changed for me. breztri gave me better breathing, symptom improvement, and reduced flare-ups. breztri won't replace a rescue inhaler for sudden breathing problems. it is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. don't take breztri more than prescribed. breztri may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ask your doctor about breztri. are you tired of clean clothes that just don't smell clean? vision changes, or eye pain occur. downy unstopables in-wash scent boosters keep your laundry smelling fresh waaaay longer

than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters. hi, i'm greg. i live in bloomington, illinois. i'm not an actor. i'm just a regular person. some people say, "why should i take prevagen?

i don't have a problem with my memory." memory loss is, is not something that occurs overnight. i started noticing subtle lapses in memory. i want people to know that prevagen has worked for me. it's helped my memory. it's helped my cognitive qualities. give it a try. i want it to help you just like it has helped me. prevagen. at stores everywhere without a prescription. tonight, the faa is now investigating a collision involving two jetblue planes on the tarmac at boston's logan airport. the wing of one plane clipping the tail of another while on the de-icing plane. both planes were damaged. there were passengers onboard both planes at the time. tonight, scientists now say that this january was the warmest january on record globally. it was also the eighth consecutive month with record-breaking global temperatures. february already seeing unusually warm weather, as well, in fact, 50s and 60s are now expected for the end of the week in the northeast.

when we come back here tonight, that alarming video, the moose chasing skiers in the u.s. and remembering the last original member of the spinners, and the song. to push back. i got help to push back. we got help to push back—with lybalvi. once-daily prescription lybalvi is proven to treat manic or mixed episodes of bipolar 1 in adults to help you push back. elderly patients with dementia have increased risk of death or stroke. do not take lybalvi if you are taking opioids or are in opioid withdrawal. the samidorphan in lybalvi can cause severe opioid withdrawal that can lead to hospitalization or increase risk of life-threatening overdose. get emergency help if you have trouble breathing, become very drowsy with slowed or shallow breathing, feel faint, very dizzy, or confused; or have a fever, stiff muscles, rash, swollen glands, or problems with your liver, kidneys, heart, or lungs. other serious side effects may include high cholesterol, weight gain, potentially fatal high blood sugar, uncontrolled body movements which may be permanent, dizziness upon standing, or falls.

are you ready? ask your doctor about lybalvi. you may be eligible to save with the lybalvi co-pay savings program. visit lybalvi.com okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) i feel refreshed because i am not struggling with cpap anymore. she looks great. i got inspire. great sleep at the click of a button. did she get implants? yeah, i got an implant, sheila!! it's inspire. learn more and view important safety information at inspiresleep.com there's something going around the gordon home. good thing gertrude found delsym. now what's going around is 12-hour cough relief. and the giggles. the family that takes delsym together, feels better together. hey, what's up there? oh i switched to h&r block. doing my own taxes online. their new ai tax assist is so awesome.

it answers my questions if i ever need help. i gotta make the switch. do your own taxes with help from ai tax assist. ♪ stay ahead of your moderate—to—severe eczema, and show off clearer skin and less itch with dupixent. the number one prescribed biologic by dermatologists and allergists, that helps heal your skin from within. serious allergic reactions can occur that can be severe. tell your doctor about new or worsening eye problems such as eye pain or vision changes including blurred vision, joint aches and pain, or a parasitic infection. don't change or stop asthma medicines without talking to your doctor. ask your eczema specialist about dupixent. i'm a parking gate. and i'm all out of whack. automated voice: please insert your parking ticket. it's going to take a lot more than a little ticket to get out of here. and if you have cut rate car insurance, this could leave you all bent out of shape. no...ahhh! so, get allstate and be better protected from mayhem...

yeah...like me. uh, someone! that's broken to pal... hahaha. automated voice: please insert your parking ticket. tonight, a major recall. trader joe's and costco recalling dairy and cheese products due to the risk of listeria contamination. the costco items include the chicken street taco dip. we have more on our website for you. look at this scare for skiers in jackson hole, wisconsin, tonight. a moose chasing a group as they came down the slopes. the skiers weaving to avoid what could have been a dangerous collision. a bull moose can weight up to 1,200 pounds and are known to be very territorial. no one was hurt. we have a passing to note tonight. henry fambrough has died. ♪ could it be i'm falling in love ♪ ♪ with you baby ♪ >> david: the detroit native recorded some of the group's iconic hits.

he was 85. when we come back here tonight, the whole town celebrating edie. you have to see her, at 116. (ethan) my name's ethan. i started smoking menthol cigarettes to be just like the cool guys in the ads. here's my tip. there's nothing cool about smoking and having a stroke. (distant siren wailing) i guess they forgot to mention that in the ads. (announcer) tobacco companies aggressively target black communities with menthol ads. you can quit. for free help, call 1-800-quit-now. (vo) welcome to lobsterfest. is your party ready? ready to tango with tails you can quit. on tails on tails? try lobster lover's dream with two lobster tails and

lobster & shrimp linguini it's one of ten next-level lobster creations red lobster. is your party ready? ( ♪ ♪ ) start your day with nature made. the #1 pharmacist recommended vitamin and supplement brand. you can feel it when your dream becomes a pursuit. and with vitiligo, the pursuit for your pigment is no exception. it's time you had a proven choice to help restore what's yours. opzelura is the first and only fda-approved prescription treatment for nonsegmental vitiligo proven to help repigment skin over time. restoring what's yours. it's possible with a steroid-free cream that you can apply yourself. opzelura can lower your ability to fight infections including tb or hepatitis b or c. serious lung infections, skin cancer, blood clots,

and low blood cell counts occurred with opzelura. in people taking jak inhibitors, serious infections, increased risk of death, lymphoma, other cancers, and major cardiovascular events have occurred. the most common side effects were acne and itching where applied. repigmentation is possible. ask your dermatologist today about starting or refilling opzelura. pursue it.

finally tonight here, she just turned 116, and she is beloved in one american town. tonight, in willits, california, the entire town celebrating edie and her sweet 16. 116th birthday, that is. she's the oldest person in america, the second-oldest in the world. >> on this day, in 1927, i graduated from high school. >> david: listen to her in 2006,

she was just 98. >> it's good to keep active, keep walking, dancing, if you can, and -- i've always watched what i eat. >> reporter >> david: she was born in 1908. the oldest of seven. she was a saxophone player, a basketball player. marrying her high school sweetheart, elmer. and now at 116, edie's entire town throwing her a party. >> hey, david. >> david: fire captain harry so. >> we were honored to attend edie's birthday, not only as part of the history, but also, as a part of our community. >> david: her second cousins lee and chuck telling us she still loves to dress up. she loves people. and red wine, too. >> loves to be around people. and she loves strawberry milkshakes. which -- >> and red wine. >> david: the town mayor on edie's advice to her. >> two fingers full of wine every day, and mind your own business. >> david: tonight, the town

cheering on edie, celebrating 116 years. happy birthday, edie. we want to thank tonight arizona state university and the journalism students here for the walter cronkite is in oakland, the east bay, alameda county are unacceptable. >> the crime rates here are excessive and they need to be dealt with. >> we need to hold people accountable. accountable. we need to work together. >> uh- push for more prosecutors in the east bay. the state is sending more crime fighting help to alameda county. just days after announcing help from 120 chp officers. good afternoon. i'm kristen sze and i'm. dan ashley. >> thanks for joining us. the new partnership with the alameda county district attorney involves the governor's office,

the california department of ju t guard, and the chp. >> the focus will be on both violent and property crimes. abc7 news reporter anser hassan spoke to da price about the new partnership. >> starting next week, alameda county district attorney pamela price will be getting help prosecuting suspects in violent crimes, especially in oakland. >> as the governor pointed out, we're experiencing a raise in crime. the crime rates here are excessive, and they need to be dealt with. >> three attorneys from the judge advocate general, or jag, have been assigned to work with the da's office. the goal is to help investigate, analyze and prosecute felonies. governor newsom saying an arrest isn't enough, just demands a suspects are appropriate be prosecuted. >> it is considered with the governor's plan to bring the california highway patrol the surge that is coming to alameda county. >> carl chan is part of the campaign to recall da price. he met with governor newsom along with other community leaders, in january to discuss solutions to